IN THE CASE OF:  	  

		BOARD DATE:  5 May 2015	  

		DOCKET NUMBER:  AR20140016316 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his record to show he reenlisted for and is qualified to receive the Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states, in effect:

* his SLRP contract, dated 26 February 2010, was a valid contract for the incentive at the time of his extension
* his unit readiness noncommissioned officer had him sign DA Forms 4836 (Oath of Extension of Enlistment or Reenlistment) on 26 January and 
25 February 2010, which when combined equals a 6-year commitment and authorization for the SLRP
* his unit erroneously prepared two documents, which should have been only one document, for the entire 6-year period
* his SLRP contract was valid, signed in good faith, and should be recognized 
* the State Incentive Manager (SIM) notified him that he incurred a debt due to funds that were paid to his loan holders and recoupment has begun
* he should not be held liable for mistakes that were created by his unit
* he has been honoring his commitment


3.  The applicant provides:

* Notification of Incentive Eligibility Termination, dated 25 August 2014
* Response to Notice of Indebtedness, dated 25 August 2014
* Request for Exception to Policy (ETP) for SLRP, dated 10 March 2014
* DA Forms 4836, dated 26 January and 25 February 2010
* National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 – Enlisted Loan Repayment Program (ELRP) Addendum, Army National Guard (ARNG) of the United States), signed on 25 February 2010
* Federal Stafford Loan Master Promissory Note
* Notice of Loan Guarantee and Disclosure Statement for Subsidized Federal Stafford Loan Disclosed as of 30 October 2002, 17 February 2003, and 13 August 2004
* Collegiate Funding Services Repayment Schedule and Disclosure
* "ACS" Education Services letter, dated 27 February 2010
* College Funding Servicing – Account Details, Activity, Summary
* Orders 321-001H and Orders 321-857, both dated 16 November 2012, published by the Joint Force Headquarters, Mississippi National Guard

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  With prior enlisted service in the Regular Army (RA) and ARNG the applicant extended his 6 November 2007 enlistment in the Mississippi Army National Guard (MSARNG) for 3 years on 26 January 2010.  His official records do not show he completed an NGB Form 600-7-5-R-E at the time of this extension.

3.  On 25 February 2010, the applicant completed a DA Form 4836 again extending his 6 November 2007 MSARNG enlistment for 3 years.  At the time he submitted this extension he completed an NGB Form 600-7-5-R-E.  In Section II (Eligibility), he acknowledged:
	a.  He understood that any break in service or period of extension less than 6 years would permanently terminate the ELRP (also known as the SLRP) agreement.

	b.  He was a prior service applicant enlisting or current member reenlisting/extending in a modified table of organization and equipment Aviation Classification Repair Activity Depots/Regional Training Institute/Special Forces or Medical Table of Distribution and Allowances Unit.

	c.  He was duty military occupational specialty qualified (DMOSQ) for the position and enlisting/reenlisting/extending for a term of service of not less than 6 years in the ARNG of the United States.

	d.  He was not enlisting/reenlisting/extending to qualify for a Military Technician or Active Guard/Reserve (AGR) position where membership in the Reserve component was a condition of employment (temporary assignment as a military technician for 179 days or less is excluded).

	e.  He had one disbursed loan existing in the amount of $22,918.89.

4.  On 16 November 2012, Orders 321-001H were published ordering the applicant to full-time National Guard duty in the AGR, effective 19 November 2012 through 18 November 2015.

5.  On 10 March 2014, the NGB Deputy G1 notified the MSARNG SIM that the applicant's request for an ETP to retain the $50,000 SLRP incentive was denied. The SIM was instructed to terminate the incentive with recoupment effective the contract start date. The NGB Deputy G1 based the denial on the following reasons:

	a.  He did not contract for the SLRP incentive at the time of extension which violates Department of Defense Instructions 1205.21 which violates ARNG Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP) fiscal year (FY) 2009.

	b.  He became an AGR/Military Technician after the contract start date; but he is ineligible to retain the incentive in accordance with DAPE-MPA-CB, dated 14 September 2012.  He is not serving in the contracted DMOS which violates ARNG CHELRP FY 2009.

	c.  His contracted addendum has unauthorized pen and ink changes which violates ARNG CHELRP FY 2009.
	d.  His bonus control number was requested after the date of extension which also violates ARNG CHELRP FY 2009.

6.  The NGB Deputy G1 stated the applicant's contract/agreement details included:

	a.  State enlisted/accessed:  MS:  Unit Identification Code:  XFCAA.

	b.  Date of agreement/enlistment 25 February 2010.

	c.  Contracted loan addendum/agreement in the amount of:  $50,000.

	d.  Contracted Army Occupation Code (AOC)/MOS:  74D (Chemical, Biological, Radiological, and Nuclear Specialist); Current AOC/MOS:  12B (Combat Engineer).

	e.  Date DMOSQ:  01 August 2011.

7.  On 25 August 2014, the SIM prepared a notification of incentive eligibility termination for the applicant.  The SIM stated the applicant's SLRP contract was violated when he accepted an AGR position and that the recoupment amount is $8,310.59.  The SIM stated the applicant:

* failed to contract for the incentive at the time of his extension
* became AGR
* has unauthorized pen/ink changes on the addendum
* is not serving in contracted DMOS

8.  The applicant provides a copy of his Promissory Note and account information pertaining to his student loans.

9.  Army Regulation 135-7 (Incentive Programs), restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every 6 months.  This educational incentive may only be elected at the time of enlistment or reenlistment.  This incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment.  These payments continue on a yearly basis unless the Soldier loses eligibility by being separated from his or her unit.

10.  The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid is 15% of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500 plus the accrued interest not paid by the Department of the Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a Reserve unit for the full term of the contractual agreement, and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.  Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least one year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his MSARNG agreement authorizing him to receive the $50,000 SLRP inventive has been carefully considered and found to lack merit.

2.  The evidence of record shows that he initially extended his 6 November 2007 enlistment in the MSARNG for 3 years on 26 January 2010.  At that time he did not complete an NGB Form 600-7-5-R-E.  He again extended his 6 November 2007 enlistment for 3 years on 25 February 2010.  This time, he completed an NGB Form 600-7-5-R-E.

3.  Even if his second extension dated 25 February 2010 had been accepted, he does not meet the criteria to retain the $50,000 SLRP incentive.  In the addendum he completed, he stated that he was extending his enlistment in the MSARNG for a period of not less than 6 years.  He became AGR on
19 November 2012; he did not remain DMOSQ.  

4.  The Comptroller General of the United States has ruled in similar cases that, although a service member may have been misinformed about his or her entitlements, the U.S. Government is not liable for erroneous actions of its officers, agents, or employees in the performance of their official duties.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief.

5.  In view of the foregoing, there is no basis for granting the applicant's request to correct his records to show he is eligible for SLRP incentive.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140016316



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016316



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1